The PCR filed an application on 4 February 2025 seeking permission to appeal the Tribunal's CPO Judgment ([2025 CAT 5]). The application was dismissed for the following reasons:
1. It was wrong to say that the Tribunal had departed from the traditional approach of allowing the PCR an opportunity to amend its application before refusing certification. The PCR had, in fact, been given two months to address the issues identified during the first certification hearing. The statutory scheme does not require the Tribunal to give a PCR multiple attempts at certification.
2. It was wrong to say that the flaws which caused the Tribunal to refuse certification only emerged at a late stage in the proceedings. The PCR's suitability was in issue from the first certification hearing.
3. The proceedings were not dismissed because of some small technicality. Rather, the PCR did not satisfy the requisite statutory conditions.
